40C-2.101: Publications Incorporated by Reference
40C-2.331: Modification of Permits
40C-2.381: Limiting Conditions
40C-2.501: Permit Classification
40C-2.900: Forms and Instructions
PURPOSE AND EFFECT: The purposes and effects of this rulemaking are to: (1) streamline permit modifications by expanding the types of modifications to consumptive use permits (CUPs) that can be requested by letter (rather by filling out and submitting a complete CUP application form); (2) clarify the procedures and criteria for all CUP modifications, including letter modifications, and renewals; (3) revise and update the permit limiting conditions, and allow a permit limiting condition to be waived or modified when the condition is inapplicable to the activity authorized by the CUP; (4) repeal outdated general permit conditions (by type of use) and outdated special conditions; (5) reduce the number of water use types from 23 down to seven, define the water use types, and make changes to parts of the CUP Handbook incorporated by reference in Rule 40C-2.900, F.A.C., and the CUP application form and other forms incorporated by reference in Rule 40C-2.900, F.A.C., to conform to the new water use type categories; (6) revise and update the CUP application form and update rule references to this form; (7) adopt Water Use Record (EN-50) and Water Use Reporting Verification (EN-51) forms incorporated by reference in Rule 40C-2.900, F.A.C.; (8) adopt Annual Statement of Continuing Use form incorporated by reference in Rule 40C-2.900, F.A.C., as part of rulemaking to streamline and reduce water use reporting requirements for small water users (described below); (9) define domestic use, consistent with the statutory definition in Section 373.019(6), F.S.; (10) streamline, clarify, and update the Districts rule on compliance reports for 20-year CUPs, to conform the rule to a recent statutory amendment in Section 373.236(4), F.S., that compliance reports cannot be required more than once every ten years; (11) clarify the requirements for supplemental irrigation models and expand the types of supplemental irrigations models allowed; (12) clarify rules that apply to permit transfers; (13) clarify monitoring requirements regarding water withdrawal quantities for CUPs initially issued prior to July 23, 1991 and clarify such monitoring for CUPs initially issued on or after July 23, 1991; (14) reduce water use reporting requirements for small users (with permitted CUP allocations not exceeding 100,000 gallons per day on an annual average), who will be allowed to annually submit an Annual Statement of Continuing Use rather than semi-annually submitting EN-50 forms; and (15) clarify that individual and standard general CUP applicants must submit a water conservation plan in their permit application.
SUMMARY: The proposed rule amendments would: (1) expand modifications of CUPs by letter; (2) clarify the procedures and criteria for all CUP modifications (including letter modifications) and renewals; (3) revise and update permit limiting conditions and repeal outdated permit conditions; (4) condense the water use type categories; (5) revise and update the CUP application form; (6) adopt Water Use Record (EN-50) and Water Use Reporting (EN-51) forms; (7) define domestic use; (8) clarify and update the compliance report requirements for 20-year CUPs; (9) clarify the requirements for supplemental irrigation models and expand the types of such models allowed; (10) clarify permit transfer criteria; (11) clarify monitoring requirements for water withdrawal quantities; (12) reduce water use reporting requirements for certain small users if they annually submit an Annual Statement of Continuing Use; (13) clarify who must submit a water conservation plan as part of a CUP application; and (14) miscellaneous conforming changes. The proposed rule amendments would become effective on December 1, 2011.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The District has determined that this rule will not have an adverse impact on small businesses and will not increase regulatory costs in excess of $200,000 within one year. No SERC has been prepared by the District.
The District has completed for the Governors Office of Fiscal Accountability and Regulatory Reform (OFARR) the Is a SERC Required? form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed Is a SERC Required? form and summary and the analysis performed by the Districts economist in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to Section 120.541(3), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.083(5), 373.216, 373.219, 373.223, 373.229, 373.236(4), 373.239, 373.707 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on October 11, 2011, which begins immediately following the Regulatory Committee Meeting that begins at 10:00 a.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wendy Gaylord, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)326-3026, email wgaylord@sjrwmd.com
THE FULL TEXT OF THE PROPOSED RULE IS:
40C-2.101 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference Parts I, II and III, the Water Conservation Public Supply requirements in Appendix I, and Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District in Appendix L of the document entitled Applicants Handbook, Consumptive Uses of Water, 12-7-10
(2) No change.
This rule will become effective on December 1, 2011.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.073, 373.079, 373.083(5), 373.103, 373.109, 373.196, 373.219, 373.223, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62, 373.707 FS. HistoryNew 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09, 12-27-10, 12-1-11.
(Substantial rewording of Rule 40C-2.331 follows. See Florida Administrative Code for present text.)
40C-2.331 Modification of Permits.
(1) A request for modification of a valid permit issued pursuant to Chapters 40C-2 or 40C-20, F.A.C., shall be made as set forth in this section:
(a) By application on District Form Number 40C-2-1082-1 or 40C-2-1082-2, as applicable; or
(b) By letter that describes the proposed modification, provided that the modification is not excluded under paragraph (1)(c) below. The letter must include the full permit number for the requested permit modification and must describe the proposed modification.
(c) The following requests for modification are specifically excluded from the letter modification process and must be requested by application under paragraph (1)(a) above:
1. Requests to increase the duration of the consumptive use authorization;
2. Requests to increase the consumptive use allocation(s), except for:
(i) Increases in use of reclaimed water or water from a man-made surface water management system, or
(ii) The addition of landscape irrigation of less than one acre;
3. Requests to change the permitted use type;
4. Requests to change the permitted use within a use type that has been allocated in the permit, unless it does not increase the consumptive use allocation(s);
5. Requests to add withdrawal points, unless the addition is for a well only for backup-allocation purposes to increase the permittees ability to meet peak demands;
6. Requests to change the source(s) of withdrawal(s), unless the change is to use a source of reclaimed water or water from a man-made surface water management system; or
7. Requests to change the location(s) of withdrawal point(s), unless the change:
(i) Is for the relocation of withdrawal point(s) to a source of reclaimed water or water from a man-made surface water management system, or
(ii) Is for the relocation of a proposed well or replacement of an existing well with a well producing from the same hydrostratigraphic unit as the proposed well or existing well so long as the relocated or replacement well is within 1000 feet of the proposed or existing well it is intended to replace, and the total withdrawal capacity of the relocated or replacement well is less than or equal to the withdrawal capacity of the proposed or existing well that was authorized under the current consumptive use permit.
(2) When a request for modification by letter is excluded from the letter modification process under paragraph (1)(c) above, then the request shall be processed under paragraph (1)(a) above.
(3) A request for modification must meet the conditions for issuance in Rule 40C-2.301, F.A.C. A permit which has expired or which has been revoked shall not be subject to modification.
(4) Modification by letter in accordance with paragraph (1)(b) above must be approved and acknowledged in writing through correspondence to the applicant by a District staff member designated by the District Executive Director.
This rule will become effective on December 1, 2011.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083(5), 373.219, 373.223, 373.229, 373.239 FS. HistoryNew
40C-2.381 Limiting Conditions.
(1) The District Board will impose upon any permit granted pursuant to this Chapter such reasonable conditions as necessary to assure that the permitted use of water will continue to be consistent with the conditions for issuance in provisions of Rule 40C-2.301011, F.A.C., and will not be harmful to the water resources of the District.
(2)(a) The Board hereby determines and finds that the inclusion of the following limiting conditions on standard general permits issued under Chapter 40C-20, F.A.C., and permits issued under this chapter are necessary in order to meet the requirements set forth in subsection 40C-2.381(1), F.A.C., and will be imposed at the time a consumptive use permit is issued or granted by rule unless waived or modified by the District upon a determination that the conditions are inapplicable to the activity authorized by the permit:
1. through 4. No change.
5. The permittees consumptive use of water as authorized by this permit shall not interfere with lLegal uses of water existing at the time of permit application may not be significantly adversely impacted by the consumptive use. If interference unanticipated significant adverse impacts occurs, the District shall revoke the permit, in whole or in part, to curtail or abate the interference adverse impacts, unless the interference associated with the permittees consumptive use of water is impacts can be mitigated by the permittee pursuant to a District-approved plan.
6. The permittees consumptive use of water as authorized by this permit shall not have significant adverse hydrologic impacts to oOff-site land uses existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If unanticipated significant adverse hydrologic impacts occur, the District shall revoke the permit, in whole or in part, to curtail or abate the adverse impacts, unless the impacts associated with the permittees consumptive use of water are can be mitigated by the permittee pursuant to a District-approved plan.
7. through 8. No change.
9. The permittees consumptive use of water as authorized by this permit shall not significantly and adversely impact wetlands, lakes, rivers, or springs. If significant adverse impacts occur, the District shall revoke the permit, in whole or in part, to curtail or abate the adverse impacts, unless the impacts associated with the permittees consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.
10. The permittees consumptive use of water as authorized by this permit shall not reduce a flow or level below any minimum flow or level adopted in Chapter 40C-8, F.A.C. If the permittees use of water causes or contributes to such a reduction, then the District shall revoke the permit, in whole or in part, unless the permittee implements all provisions applicable to the permittees use in a District-approved recovery or prevention strategy.
11. The permittees consumptive use of water as authorized by the permit shall not cause or contribute to significant saline water intrusion. If significant saline water intrusion occurs, the District shall revoke the permit, in whole or in part, to curtail or abate the saline water intrusion, unless the saline water intrusion associated with the permittees consumptive use of water is mitigated by the permittee pursuant to a District-approved plan.
12. The permittees consumptive use of water as authorized by the permit shall not cause or contribute to flood damage. If the permittees consumptive use causes or contributes to flood damage, the District shall revoke the permit, in whole or in part, to curtail or abate the flood damage, unless the flood damage associated with the permittees consumptive use of water is mitigated by the permittee pursuant to a District-approved plan.
13. The permittees consumptive use of water as authorized by the permit shall not cause or contribute to a violation of state water quality standards (existing at the time of permit issuance) in receiving waters of the state, as set forth in Chapters 62-3, 62-4, 62-302, 62-520, and 62-550, F.A.C., including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C. If violations occur, the District shall revoke the permit, in whole or in part, to curtail or abate the violations, unless the violations associated with the permittees consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.
This rule will become effective on December 1, 2011.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219(1), 373.223 FS. HistoryNew
40C-2.501 Permit Classification.
(1) No change.
(2) Use Types Type of Use Classes: Each permit shall be identified with one or more of the following use classifications:
(a) Agricultural Aesthetic use.
(b) Commercial/Industrial/Institutional Agricultural use.
(c) Environmental Aquaculture use.
(d) Landscape/Recreation/Aesthetic Commercial and industrial process use.
(e) Mining/Dewatering Cooling and air conditioning use.
(f) Public Supply Dewatering use.
(g) Other Diversion and impoundment into non-District facilities.
(h) Essential use.
(i) Freeze protection.
(j) Golf course use.
(k) Household type use.
(l) Livestock use.
(m) Navigation use.
(n) Nursery use.
(o) Outside Uses.
(p) Power production.
(q) Recreation area use.
(r) Soil flooding.
(s) Urban landscape irrigation.
(t) Water based recreation use.
(u) Water utility use.
(v) Wetland Enhancement/creation the use of water to saturate the soils to promote or restore wetland functions.
(3) through (5) No change.
This rule will become effective on December 1, 2011.
Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.219, 373.246 FS. HistoryNew
40C-2.900 Forms and Instructions.
(1) Individual and Standard General Consumptive Use Permit Application, Fform Nnumber 40C-2-1082-1, effective 1-7-99
(2) Standard General Consumptive Use Permit for Landscape Irrigation, Form Number 40C-2-1082-2, effective
(3)(2) No change.
(4) Water Use Record (EN-50), Form Number 40C-2.900(4), effective
(5) Water Use Reporting Verification (EN-51), Form Number 40C-2.900(5), effective
(6) Annual Statement of Continuing Use, Form Number 40C-2.900(6), effective
(7)(3) Copies of these forms this form are available without charge at the Districts website at floridaswater.com and from the following District offices:
District Headquarters
St. Johns River Water Management District
(386)329-4500
St. Johns River Water Management District
(904)730-6270
St. Johns River Water Management District
975 Keller Road
Maitland Altamonte Springs, 14-1618
(407)659-4800
St. Johns River Water Management District
(321)984-4940
This rule will become effective on December 1, 2011.
Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.109, 373.116, 373.118, 373.219, 373.229 FS. HistoryNew 5-30-90, Amended 7-21-91, 7-23-91, 1-20-93, 2-15-95, 4-25-96, 10-2-96, 1-7-99, 2-15-06, 3-8-09, 12-1-11.
APPLICANTS HANDBOOK SECTION:
2.0 Definitions
(a) through (i) No change.
(j) Domestic use the use of water for the individual personal household purposes of drinking, bathing, cooking, or sanitation. All other uses shall not be considered domestic (subsection 373.019(6), F.S.).
(j) through (tt) relettered (k) through (uu) No change.
3.2 Thresholds
3.2.1 through 3.2.8 No change.
3.2.9 If the permittee seeks to change the requirements and circumstances under which the existing permit was issued, the permittee must submit an application to modify the permit, except as provided in subsection 3.3.3 3.3.2(b) below.
3.3 Permits Required
3.3.1 No change.
3.3.2 Transfers and Modifications
(a) The District must be notified, in writing, within 30 days of any sale, conveyance, or other transfer of a well or facility from which the permitted consumptive use is made or within 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40C-1.612, F.A.C chapter 40C-1.
(b) A permit holder must apply to the District for a modification if he intends to increase the amount of withdrawal beyond that specified on the permit, put the water to a use other than that specified on the permit, or otherwise modify the conditions of the permit. However, a modification involving one or more of the following changes may be applied for by submitting a letter to the District provided that the water use is not increased:
1. Moving the location of a proposed well within 200 feet of the permitted location.
2. The addition of a domestic use with irrigation of landscape less than one acre of and.
3. Change in crop type.
4. Adding a surface water pump to the same source.
5. Reduction in allocation a reduction in the number of wells, or a reduction in the project acreage.
6. Changing to a reclaimed or stormwater source
7. Changing the method of monitoring water use.
8. Replacement of an existing well with a well producing from the same aquifer horizon so long as the replacement well is within 200 feet of the existing well it is intended to replace.
See Section 11.2 for information regarding evaluation criteria which will be applied to transfer of a permit. See Section 4.2 for information regarding application procedure and sections 11.1 and 11.2 for information regarding evaluation criteria which will be applied to an application to modify or transfer a permit.
3.3.3 Modification of Permits
(a) A request for modification of a valid permit may be made by submitting a letter or an application form, as set forth in subsection 3.3.3. Many permit modifications may be requested by submittal of a letter; however, the following permit modifications are specifically excluded from the letter modification process:
1. Requests to increase the duration of the consumptive use authorization;
2. Requests to increase the consumptive use allocation(s), except for:
(i) Increases in use of reclaimed water or water from a man-made surface water management system, or
(ii) The addition of landscape irrigation of less than one acre;
3. Requests to change the permitted use type;
4. Requests to change the permitted use within a use type that has been allocated in the permit (e.g., change from potato irrigation to cabbage irrigation), unless it does not increase the consumptive use allocation(s);
5. Requests to add withdrawal points, unless the addition is for a well only for backup-allocation purposes to increase the permittees ability to meet peak demands;
6. Requests to change the source(s) of withdrawal(s), unless the change is to use a source of reclaimed water or water from a man-made surface water management system; or
7. Requests to change the location(s) of withdrawal point(s), unless the change:
(i) Is for the relocation of withdrawal point(s) to a source of reclaimed water or water from a man-made surface water management system, or
(ii) Is for the relocation of a proposed well or replacement of an existing well with a well producing from the same hydrostratigraphic unit as the proposed well or existing well so long as the relocated or replacement well is within 1000 feet of the proposed or existing well it is intended to replace, and the total withdrawal capacity of the relocated or replacement well is less than or equal to the withdrawal capacity of the proposed or existing well that was authorized under the current consumptive use permit.
(b) When a request for modification submitted by letter is excluded from the letter modification process under paragraph 3.3.3(a) above, then the request shall be processed by the applicant submitting an application using Form Number 40C-2-1082-1 or 40C-2-1082-2, as applicable.
3.3.3.1 Letter Modification
(a) A request for modification submitted by letter must reference the full permit number and must describe the proposed modification.
(b) Within 30 days after a request for modification submitted by letter is complete, the District staff shall issue the new modification if District staff find that the request meets the criteria in Rule 40C-4.301, F.A.C. If District staff find that these criteria are not met, the permit holder shall be notified within 30 days after completeness that the request shall be processed as an individual permit application recommended for denial; however, no additional fee shall be required.
(c) Modification by letter in accordance with subsection 3.3.3(a) above must be approved and acknowledged in writing through correspondence to the applicant by a District staff member designated by the District Executive Director.
3.3.3.2 Procedure for Modification or Renewal of Permits
If the permit requested to be modified or renewed was processed as a standard general permit application, then the request for modification or renewal shall be processed as a standard general permit application, unless section 5.5.2 is applicable. In such a case, the request shall be reviewed as an individual permit application. For any subsequent modification or renewal of a permit that was previously reviewed as an individual permit application solely due to section 5.5.2(c), the request for modification or renewal shall be processed as a standard general permit application, unless section 5.5.2 is applicable. See sections 5.4 and 5.5 for information on individual and standard general permit applications.
Renumber 3.3.3 to 3.3.4 No change.
4.0 Application Preparation
4.1 No change.
4.2 Forms and Instructions
The application forms for application for an individual and standard general consumptive use permit haves been adopted as a rules in Rule Section 40C-2.900, F.A.C., as Form Numbers 40C-2-1082-1 and 40C-2-1082-2. Copies A copy of these forms are is included in Appendix C of this Handbook. The appropriate form must be used for the application for a permit as well as an application for a modification, renewal, or temporary use, or modification unless the modification request qualifies for a letter modification under Section 3.3.2(b). An application which includes a request for a temporary use permit must be accompanied by a letter stating why such a permit is needed.
4.3 through 4.6 No change.
5.0 Procedures for Processing
5.1 through 5.4 No change.
5.5 Standard General Permits
5.5.1 Standard general permits differ from individual permits in that they are granted by rule to all non-exempt consumptive uses which meet the following requirements:
(a) through (b) No change.
(c) The person who seeks a standard general permit must submit a complete permit application Fform Number 40C-2-1082-1 or 40C-2-1082-2, as applicable, to the District at least 30 days prior to undertaking the consumptive use and must receive the permit prior to commencing the withdrawal.
5.5.2 through 5.5.5 No change.
6.0 Permits
6.1 Permit Conditions
Each consumptive use permit which is issued by the District will include certain conditions with which the permittee must comply. General conditions are those to which all users are subject, other standardized conditions may be included for agricultural, industrial, mining and public supply types uses. Additionally, other special conditions specific to the project may also be included. A more detailed discussion of general conditions, conditions by type of use, and other special conditions is presented in Part III of this Handbook.
6.2 Use/Source Classifications
Each permit issued by the District shall identify will be classified according to the source of withdrawal, the use type of use, and the location of the withdrawal, as a sub-class of such class or category of source.
6.2.1 and 6.2.2 No change.
6.2.3 Use Types of Use Classes: Each permit shall be identified with one or more of the following use types classifications:
(a) Agricultural The use of water associated with the production and freeze protection of crops, nursery products, sod, and pasture, as well as the cultivation of animals and plants associated with farming and aquacultural activities.
(b) Commercial/Industrial/Institutional The use of water associated with the production of goods or provision of services by a commercial, industrial, or institutional establishment.
(c) Environmental The use of water to avoid or mitigate environmental harm. Examples include enhancing, restoring, or creating wetlands or other surface waters, or the use of water for groundwater remediation.
(d) Landscape/Recreation/Aesthetic The use of water for landscape irrigation; the use of water associated with the creation, maintenance, and operation of recreational facilities such as golf courses, water-based recreational areas, and athletic fields; or the use of water for ornamental or decorative purposes, such as fountains and waterfalls.
(e) Mining/Dewatering The use of water associated with the extraction of subsurface materials or to control surface or ground water when performing activities such as construction or excavation.
(f) Public Supply The use of water provided by any municipality, county, regional water supply authority, special district, public or privately owned water utility, or multijurisdictional water supply authority for human consumption and other purposes.
(g) Other The use of water for a purpose other than as described in subsections 6.2.3(a)-(f).
(a) Aquacultural use The use or withdrawal of water for the commercial cultivation of animal and plant life in a water environment, including but not limited to food fish, aquatic bait, game fish, aquatic plants (i.e. watercress), alligators, tropical fish, shellfish, and turtles.
(b) Aesthetic use the use of water for fountains, waterfalls, and landscape lakes and ponds where such uses are entirely ornamental and decorative.
(c) Agricultural use the use of water for the commercial production of crops, commercial nursery production, or the growing of farm products including, but not limited to, vegetables, citrus and other fruits, pasture, rice and other commodities for human consumption or domestic animal feed.
(d) Commercial and industrial process use the use of water essential to the production of the goods or services provided by a business establishment.
(e) Cooling and air conditioning use the use of water for heating or cooling, or for air conditioning.
(f) Dewatering use the removal of water from a specific area to facilitate mining or construction.
(g) Diversion and impoundment into non-District facilities the diversion or extraction of water into non-District impoundments and delivery systems designed for purposes including, but not limited to, maintaining structural integrity, providing agricultural water and other non-recreational, non- aesthetic uses.
(h) Domestic use the use of water for the individual personal household purposes of drinking, bathing, cooking, or sanitation.
(i) Essential use the use of water strictly for fire fighting purposes, health and medical purposes and the use of water to satisfy federal, state or local public health and safety requirements.
(j) Freeze protection the use of water to protect agricultural and nursery crops from damage due to low temperatures.
(k) Golf course use water used to irrigate an establishment designed and used for playing golf.
(l) Household type use the use of water for personal needs or for household purposes such as drinking, bathing, heating, cooking, sanitation or cleaning, whether the use occurs in a residence or in a business or industrial establishment.
(m) Landscape irrigation the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential and recreation areas, cemeteries, public, commercial, and industrial establishments, and public medians and rights of way.
(n) Livestock use the use of water for watering or washing of livestock.
(o) Navigation use water discharged from ground or surface sources either to tidewater or to downstream lakes or reaches of rivers or canals for the purpose of permitting or promoting boating activity.
(p) Nursery use the use of water on premises on or in which nursery stock is grown, propagated or held for sale or distribution or sold or reshipped, including but not limited to sod, ferns, ornamental foliage and greenhouses.
(q) Outside uses the use of water outdoors for the maintenance, cleaning and washing of structures and mobile equipment including automobiles and the washing of streets, driveways, and sidewalks.
(r) Power production the use of water for power generation and the use of water for cooling and for replenishment of cooling reservoirs.
(s) Recreation area use the use of water for the maintenance and support of intensive recreational areas such as, but not limited to, playgrounds, football, baseball, and soccer fields.
(t) Soil flooding use of water for raising of water levels on agricultural lands for purposes not directly related to crop growth including but not limited to soil preservation and pest control.
(u) Water based recreation use water used for public or private swimming and wading pools, including water slides. This term does not include pools specifically maintained to provide habitat for aquatic life.
(v) Water utility use water used for withdrawal, treatment, transmission and distribution by potable water systems.
(w) Wetland enhancement/creation the use of water to saturate the soils to promote or restore wetland functions.
6.2.4 through 6.5.4 No change.
6.5.5 Compliance Reports
Whenre necessary to maintain reasonable assurance that the conditions for issuance of a 20-year permit can continue to be met during the term of the permit, the District will require the permittee to submit a compliance report under pursuant to Section 373.236(4)(3), F.S., no more than once every ten five years. The report shall contain sufficient information to maintain reasonable assurance that the permittees use of water will continue, for the remaining duration of the permit, to meet the conditions for permit issuance set forth in the District rules existing when the District issued that existed at the time the permit was issued for 20 years by the District. In providing such reasonable assurance, the compliance report must, at a minimum, include:
(a) all of the information required by the Districts Individual and Standard General Consumptive Use Permit Application Number 40C-2-1082-1 contained in Appendix C,; and
(b) all of the information specifically required by the compliance report condition(s) on the permit.
After Following the Districts reviewing of this report, the District will modify the permit as required necessary to ensure that the use of water authorized by the permit will continue to meet the conditions for permit issuance set forth in the District rules existing when the District issued that existed at the time the permit was issued for 20 years. As The District shall provide notice of intent to modify the permit as required by Sections 120.569 and 120.60, F.S., and Rule section 40C-1.1007, F.A.C., the District shall provide notice of intent to modify the permit.
6.6 No change.
6.7 Monitoring Requirements
Issuance of a Consumptive Use Permit requires that the withdrawals will not result in significant unmitigated adverse impacts on the water resources and existing legal users, and that the use continues to be in the public interest. To ensure that these criteria continue to be met after a permit is issued, monitoring and reporting activities are required as conditions of any individual permit. Where appropriate, the Districts monitoring requirements may be satisfied by providing reports required by other agencies.
6.7.1 Withdrawal Quantity
6.7.1.1 All individual consumptive use permittees issued permits under subsection 40C-2.041(1), F.A.C., must measure the quantity of water used, diverted or withdrawn from any source in accordance with the requirements of this section. Measuring of actual pumpage provides a means to develop historical records in order to accurately project future reasonable demand, to assess impacts to the resource and existing water and land uses, to enable the District to assess the effectiveness of conservation measures, and to ensure that quantities withdrawn do not exceed permitted allocations. Each source must be measured, but monitoring plans should be developed that do not require duplicative monitoring of water that is withdrawn from a source for storage and then withdrawn from storage for use.
Whenever flow meters are used, they must maintain a 95% accuracy, be verifiable and be installed according to manufacturers specifications. Whenever an alternative method to flow meters is used to measure withdrawals, it must be verifiable and 90% accurate.
6.7.1.2 Uses Initially Permitted On or After
Applicants for proposed uses of water that will be issued their initial consumptive use permit under subsection 40C-2.041(1), F.A.C., on or after July 23, 1991, with total combined allocations exceeding 100,000 gallons per day on an average annual basis must install in-line totalizing flow meters on all withdrawal points prior to beginning the permitted use. If an applicant demonstrates that it is not economically or technologically feasible to use a flow meter to measure water withdrawals, the District shall may approve the use of an alternative method for measuring flow upon a demonstration that the method is verifiable and 90% accurate at measuring the withdrawals. In addition, if the District determines that flow meters are inappropriate for measuring the flow, an alternative method for measuring the flow may be approved.
Applicants for proposed uses of water with total allocations less than or equal to 100,000 gallons per day on an average annual basis must install either in-line totalizing flow meters or alternatives to flow meters on all withdrawal points prior to beginning the permitted use. If an alternative to flow meters is used to calculate the withdrawal quantity, such method must be fully described and any calculations necessary included with the initial submittal of data, for District staff approval. The District shall accept such alternative methods upon a demonstration that the method is verifiable and 90% accurate at measuring the withdrawals.
6.7.1.3 Uses Initially Permitted Prior to
All consumptive use permittees issued initial permits under subsection 40C-2.041(1), F.A.C., Beginning March 1, 1993, permitted users with individual permits issued prior to
If an alternative to flow meters is used to calculate the withdrawal quantity, such method must be fully described and any calculations necessary included with the initial submittal of data, for District staff approval. The District shall accept such alternative methods upon a demonstration that the method is verifiable and 90% accurate at measuring the withdrawals. Acceptance of an alternative will be made on a case-by-case basis. If after a period of one year, the selected alternative fails to accurately measure the withdrawal quantities, in-line flow meters or another alternative must be used.
In addition, in specific cases where the District determines that flow meters are necessary to ensure that the consumptive use complies with the reasonable-beneficial use criteria in subsection 40C-2.301(4), F.A.C., flow meters shall be required by permit condition.
6.7.1.4 Changes to Uses Initially Permitted Prior to
If any permit issued under subsection 40C-2.041(1), F.A.C., prior to July 23, 1991 with total combined allocations exceeding 100,000 gallons per day on an average annual basis an individual permit is modified or renewed after July 23, 1991, to add new withdrawal points, change withdrawal points or increase allocation, then in-line totalizing flow meters must be installed to measure any water used from the new withdrawal points proposed uses prior to beginning the use. In the case of permitted users seeking only an increase in allocation from an existing permitted withdrawal point permitted initially prior to July 23, 1991, the District shall may authorize the continued use of an alternative method to measure flow provided the applicant demonstrates that the alternative being used is verifiable and 90% accurate. If In addition, if an applicant demonstrates that it is not economically or technologically feasible to use a flow meter to measure water from the new or modified withdrawals points, the District shall may approve the use of an alternative method for measuring flow upon a demonstration that the alternative method is verifiable and 90% accurate at measuring the withdrawals. If the District determines that flow meters are inappropriate for measuring the flow, an alternative method for measuring flow may be approved.
6.7.1.5 In areas delineated in section 6.7.1.65:
(a) All applicants for proposed uses that will be issued their initial CUP under subsection 40C-2.041(1), F.A.C., on or after July 23, 1991 for allocations exceeding 100,000 gallons per day on an average annual basis must install totalizing flow meters prior to beginning the permitted use, and
(b) All consumptive use permittees issued initial permitted users with individual permits under subsection 40C-2.041(1), F.A.C., issued prior to July 23, 1991, with total combined allocations exceeding 100,000 gallons per day on an average annual basis must install in-line, totalizing flow meters on all withdrawal points within 90 days of the District providing the meter(s) with a manufacturers warranty. To ensure that the District provides the correct meter for each withdrawal point, within 60 days of receiving a written request from the District, all permittees must supply the following information:
1. a plan view and longitudinal cross-section of the well head area showing the location of all pumps, pressure gauges, valves, backflow preventers, junctions, bends, and slopes, with all elevations referenced to land surface,
2. inside and outside pipe diameters,
3. a description of the pipe material, and
4. an estimate of the average flow rate.
The District shall provide one meter for each withdrawal point within a permittees project. Where the District determines that additional meters are required to provide more accurate information, to avoid excessive retrofit costs associated with meter installation, or to prevent excessive pressure losses, the District may provide more than one meter per withdrawal point.
Meter replacement, when necessary, shall be at the permittees expense. If within 5 years of installation the meter is destroyed by an act of God, the manufacturer or the District shall replace the meter.
If a permittee demonstrates that it is not economically or technologically feasible to use a flow meter to measure water withdrawals, the District shall may approve the use of an alternative method for measuring flow upon a demonstration that the. Any proposed alternative method is verifiable and must be 90% accurate at measuring the withdrawals, verifiable and approved by the District prior to implementation.
6.7.1.6 and 6.7.1.7 No change.
6.7.1.8.1 Recording and Reporting Water Use
Total monthly withdrawal quantities shall be recorded continuously by the permittee, and totaled monthly, and. For any permittee with total combined allocations exceeding 100,000 gallons per day on an average annual basis, the monthly totals of water withdrawal must be reported to the District at least every six months (semi-annually) on District Form Number 40C-2.900(4) No. (Water Use Record) (EN-50)) or District Form No. EN-52. For any permittee whose total combined allocation is equal to or less than 100,000 gallons per day on an average annual basis and whose permit was issued after December 1, 2011, the permittee must annually submit, by January 31st, a completed District Form Number 40C-2.900(6) (Annual Statement of Continuing Use). Such a permittee shall maintain records of water quantity used on a monthly basis for the life of the permit and shall provide those records to the District when requested by District staff. For any permittee with a permit issued before December 1, 2011 whose total combined allocation is equal to or less than 100,000 gallons per day on an average annual basis, the permittee may submit a completed District Form Number 40C-2.900(6), as an alternative to submitting EN-50 forms as required by their permit. In such case, the permittee shall maintain records of water quantity used on a monthly basis for the life of the permit and shall provide those records to the District when requested by District staff. However, a permittee may be required by permit condition to record pumpage on a daily basis from each withdrawal point and report the daily withdrawal totals on a monthly basis to the District when the District determines that special circumstances warrant.
Any The required flow meter(s) must be tested for accuracy once every 3 years within 30 days of the anniversary date of permit issuance, and recalibrated if the difference between the actual flow and the meter reading is greater than 5%. District Form Number 40C-2.900(5) (Water Use Reporting Verification (EN-51)) No. EN-51 must be submitted to the District within 10 days of each the inspection/calibration.
6.7.1.9 No change.
12.0 Evaluation of Proposed Use of Water
12.1 Annual Allocation
(a) Annual Allocation
The particular quantity of water permitted on an annual basis is that amount of water which the Governing Board has permitted for use on a yearly basis. The District staff will calculate a recommended annual allocation using methodologies based upon use type of use (see Sections 12.2, 12.3, 12.4, 12.5, 12.6, and 12.7 of this Handbook).
(b) and (c) No change.
12.1.2 No change.
12.2 Public Supply Use Type Uses
An amount of water required for reasonable-beneficial uses must be demonstrated by the applicant. For Ppublic water Ssupply systems, this amount is calculated based upon the projected requirements of the population as to its industrial, commercial and other users supplied by the permittee. Population requirements are calculated by multiplying the 10-year projected population for an authorized service area by the calculated or estimated per capita daily water use. Projected population shall be determined using the methods and data sources specified in Subsection 12.2.1; use shall be calculated or estimated as prescribed in Subsection 12.2.2. Other methods of determining water requirement may be used as approved by staff.
If the applicants requested quantity exceeds the amount of water required for reasonable-beneficial uses as calculated pursuant to this Section, the staff will recommend a projected requirement based on its analysis of population projections for the service area and historical or design per capita use of water.
Reasonable-beneficial requirement for the Ppublic Ssupply Use Ttype use is the highest allocation which staff can recommend. If all other criteria are satisfied, staff will recommend this amount as the annual allocation.
12.2.1 through 12.2.4 No change.
12.2.5 Water Conservation Plan
12.2.5.1 All permit applicants for a Ppublic Ssupply Use Ttype water use who satisfy the following water conservation requirements at the time of permit application are deemed to meet the criterion in 10.3(e):
(a) through (h) No change.
12.5.2 No change.
12.3 Commercial/Industrial/Institutional Use Type Type Uses
12.3.1 Allocation
The reasonable need for a requested allocation must be based upon the amount of water needed to perform an commercial/industrial/institutional process in an efficient, non-wasteful and economic manner. If the criteria listed in section 8.0 or 9.0 are satisfied, the allocation will be equal to the reasonable need for water. A reasonable need for water is the greatest allocation which staff will recommend.
12.3.2 Water Conservation Plan
12.3.2.1 All individual permit applicants for commercial/industrial/institutional-type water uses must submit a water conservation plan for their facility to the District at the time of permit application. The plan must contain specific activities designed to conserve water.
(a) through (e) No change.
Applicants may be able to fulfill some or all of the water conservation plan elements (b) and (d) by demonstrating present water conserving activities which meet the intent of each element. In evaluating whether existing water conserving activities are sufficient to meet the applicable criteria in Rule 40C-2.301, F.A.C., the District will take into consideration the use type and efficiency of the specific use relative to other similar users.
12.3.2.2 No change.
12.4 Mining/Dewatering Use Type Uses
The reasonable need for a requested allocation must be based on the amount of water needed to be discharged from a mining pit in order to economically and effectively extract subsurface materials or control surface or ground water when performing activities such as excavation or construction mine the pit. In some cases, dewatering may involve lowering the water table several feet in order to lower the level below Caprock which is used as an operating floor and drying surface. In other cases, it may involve completely dewatering a pit in order to remove minable rock and sand using pans and scrapers. The reasonable allocation may vary for a particular dewatering operation depending upon the excavation method. Staff may recommend the greater reasonable allocation if all other criteria are satisfied. However, if the greater reasonable allocation will generate adverse impacts, staff will recommend the excavation method with a lower reasonable allocation which satisfies all criteria. For example, a rockpit may be excavated using either draglines or scrapers. Drag-lining may require dewatering only several feet in order to expose Caprock as an operating surface. The use of scrapers requires totally dewatering the pit in order to use the floor of the pit as an operating surface. If staff cannot recommend total dewatering of a mining pit because of adverse impacts then staff may recommend the second alternative, drag- lining, with its smaller discharge if it satisfies all criteria.
If all criteria listed in Section 8.0 or 9.0 are satisfied, the allocation is equal to the reasonable need for water. The reasonable need for water is the greatest volume which staff can recommend.
12.5 Agricultural Use Type, Nursery, and Aquacultural Uses
12.5.1 Supplemental Irrigation Requirement
The reasonable need for an agricultural use is based on the amount of water needed to supply the supplemental irrigation requirements of the type of crop grown. The Ssupplemental irrigation requirements are determined through use of supplemental irrigation models the modified Blaney-Criddle formula for evapotranspiration. The formula is explained in detail in Appendix H. Supplemental irrigation models must accurately determine supplemental irrigation water use needs and be The is based on the type of crop grown, the irrigation method employed, the season in which the water is used to grow the crop is grown, general crop location, including soil type, and associated atmospheric conditions. In determining reasonable need, the supplemental irrigation requirements used are those which would be needed requested in a two in ten year drought. Where supplemental irrigation data are not available from the modified Blaney-Criddle method, an average annual industry water figure is used.
12.5.2 through 12.5.5 No change.
12.5.6 The maximum monthly withdrawal as recommended by District staff is generally specified on agricultural-type or other irrigation permits. This amount is determined by the dry month needs of the CUP (calculated for a 2 in 10 year drought) or that amount needed for freeze protection.
12.5.7 Water Conservation Plan
12.5.7.1 All individual permit applicants for agricultural use-types, nursery, and aquacultural uses must submit a water conservation plan for their operation to the District at the time of permit application. The plan must contain specific activities designed to conserve water. The water conservation plan must include provision for the following:
(a) through (c) No change.
Applicants may be able to fulfill the water conservation plan element (a) by demonstrating present water conserving activities which meet the intent of the element. In evaluating whether existing water conserving activities are sufficient to meet the applicable criteria in Rule 40C-2.301, F.A.C., the District will take into consideration the use type and efficiency of the specific use relative to other similar users.
12.5.7.2 and 12.5.7.3 No change.
12.6 Landscape/Golf Course and Recreational/Aesthetic Use Type Use
12.6.1 Water Conservation Plan
12.6.1.1 Each applicant for an individual consumptive use permit for a golf course or landscape/recreational/aesthetic use-types water use must submit a water conservation plan for their facility to the District at the time of permit application. The plan must contain specific activities designed to conserve water. At a minimum, the water conservation plan must include:
(a) through (d) No change.
Applicants may be able to fulfill the water conservation plan element (a) by demonstrating present water conserving activities which meet the intent of the element. In evaluating whether existing water conserving activities are sufficient to meet the applicable criteria in Rule 40C-2.301, F.A.C., the District will take into consideration the use type and efficiency of the specific use relative to other similar users.
12.6.1.2 No change.
12.7 Other Use Types.
All individual permit applicants for use types not specified above must submit a water conservation plan for their proposed use. The plan must contain specific measures designed to conserve water to demonstrate that the proposed use will meet the criterion in section 10.3(e). At a minimum the water conservation plan must include the applicable elements described above in sections 12.2.5, 12.3.2, 12.5.7, and 12.6.1
12.8 through 12.10 No change.
15.0 Introduction to Permit Conditions
15.1 Purpose
In order to properly manage the water resource, the District must place certain stipulations on each permit which is granted. Part III provides a listing of those typical limiting conditions which may be added to a consumptive use permit.
15.2 Organization
The District will apply three types of limiting conditions:
(a) those that will be applied to all permits (General Conditions);
(b) those that will be applied to all permits of a particular type of use; and
(c) those which are applied on a project-specific basis.
15.0 16.0 Permit General Conditions
In order to properly manage the water resource, the District will impose upon any permit issued or granted pursuant to Chapter 40C-2 or 40C-20, F.A.C., such reasonable conditions as are necessary to assure that the permitted use of water will continue to be consistent with the conditions for issuance in Rule 40C-2.301, F.A.C. The following gGeneral conditions are those limiting conditions which will be applied to all permits unless waived or modified by the District upon a determination that the conditions are inapplicable to the activity authorized by the permit. These are applied pursuant to Rule 40C-2.381, F.A.C., and are necessary to assure that the permitted use of water will be consistent with the provisions of Rule 40C-2.011 and will not be harmful to the water resources of the District.
(a) through (d) No change.
(e) The permittees consumptive use of water as authorized by this permit shall not interfere with lLegal uses of water existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If interference unanticipated significant adverse impacts occurs, the District shall revoke the permit, in whole or in part, to curtail or abate the interference adverse impacts, unless the interference associated with the permittees consumptive use of water is impacts can be mitigated by the permittee pursuant to a District-approved plan.
NOTE: Adverse impacts are exemplified by but not limited to:
(1) reduction of well water levels resulting in a reduction of 10% in the ability of an adjacent well to produce water;
(2) reduction of water levels in an adjacent surface water body resulting in a significant impairment of the use of water in that water body.
(3) saline water intrusion or introduction of pollutants into the water supply of an adjacent water use resulting in a significant reduction of water quality; and
(4) change in water quality resulting in either impairment or loss of use of a well or water body.
(f) The permittees consumptive use of water as authorized by this permit shall not have significant adverse hydrologic impacts to oOff-site land uses existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If unanticipated significant adverse hydrologic impacts occur, the District shall revoke the permit, in whole or in part, to curtail or abate the adverse impacts, unless the impacts associated with the permittees consumptive use of water are can be mitigated by the permittee pursuant to a District-approved plan.
NOTE: Adverse impacts are exemplified by but not limited to:
(1) significant reduction in water levels in an adjacent surface water body;
(2) and collapse or subsidence caused by a reduction in water levels; and
(3) damage to crops and other types of vegetation.
(g) The District must be notified, in writing, within 30 days of any sale, conveyance, or other transfer of a well or facility from which the permitted consumptive use is made or within 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use is located. All transfers of ownership or transfers of permits are subject to the provisions of Rule section 40C-1.612, F.A.C.
(h) A District-issued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility as provided by Rule section 40C-2.401, F.A.C. Permittee shall notify the District in the event that a replacement tag is needed.
(i) The permittees consumptive use of water as authorized by this permit shall not significantly and adversely impact wetlands, lakes, rivers, or springs. If significant adverse impacts occur, the District shall revoke the permit, in whole or in part, to curtail or abate the significant adverse impacts, unless the impacts associated with the permittees consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.
(j) The permittees consumptive use of water as authorized by this permit shall not reduce a flow or level below any minimum flow or level adopted in Chapter 40C-8, F.A.C. If the permittees use of water causes or contributes to such a reduction, then the District shall revoke the permit, in whole or in part, unless the permittee implements all provisions applicable to the permittees use in a District-approved recovery or prevention strategy.
(k) The permittees consumptive use of water as authorized by the permit shall not cause or contribute to significant saline water intrusion. If significant saline water intrusion occurs, the District shall revoke the permit, in whole or in part, to curtail or abate the saline water intrusion, unless the saline water intrusion associated with the permittees consumptive use of water is mitigated by the permittee pursuant to a District-approved plan.
(l) The permittees consumptive use of water as authorized by the permit shall not cause or contribute to flood damage. If the permittees consumptive use causes or contributes to flood damage, the District shall revoke the permit, in whole or in part, to curtail or abate the flood damage, unless the flood damage associated with the permittees consumptive use of water is mitigated by the permittee pursuant to a District-approved plan.
(m) The permittees consumptive use of water as authorized by the permit shall not cause or contribute to a violation of state water quality standards (existing at the time of permit issuance) in receiving waters of the state, as set forth in Chapters 62-3, 62-4, 62-302, 62-520, and 62-550, F.A.C.), including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C. If violations occur, the District shall revoke the permit, in whole or in part, to curtail or abate the violations, unless the violations associated with the permittees consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.
17.0 General Conditions by Type of Use
17.1 Public Supply-Type Uses
The following general conditions are generally applied to permits for public supply-type uses:
(a) If the permittee does not serve a new projected demand located within the service area upon which the annual allocation was calculated, the annual allocation will be subject to modification.
(b) If water source is from wells, permittee must develop, implement, and submit to the District a wellfield operating program within six (6) months of permit issuance. This program must explain which wells are primary, secondary, standby (reserve), the order of preference in turning on wells, criteria for shutting down and restarting wells, and any other aspects of wellfield management and operation.
(c) On the tenth day following the month of record, permittee must submit to the District copies of the DER monthly water treatment plant reports on a monthly basis following the month of record. The permit number must be attached to all reports.
(d) The permittee must ensure that all service connections are metered.
(e) Landscape irrigation shall be in conformity with the requirements set forth in subsection 40C-2.042(2), F.A.C. (Revised 3-8-09)
(f) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.
17.2 Commercial/Industrial-Type Uses
The following general conditions are generally applied to permits for commercial/industrial-type uses:
(a) The permittee must maintain records of total daily withdrawals from each source on a monthly basis for each year ending December 31st. These records must be submitted to the District on Form EN-3 by January 31st of each year.
(b) If water source is from wells, permittee must develop and implement a Wellfield Operating Program within six (6) months of permit issuance. This program must explain which wells are primary, secondary, standby (reserve), the order of preference in turning on wells, criteria for shutting down and restarting wells, and any other aspects of wellfield management and operation. This program must be submitted to the District within six (6) months of permit issuance.
17.3 Mining Type-Uses
The following general conditions are generally applied to permits for mining-type uses:
(a) Dewatering operations which cause shoaling in adjacent water bodies are an interference. Should the permittees dewatering operation create shoaling in adjacent water bodies, the permittee is responsible for clearing such shoaling.
(b) Permittee must establish an elevation reference point which has been determined from a USGS datum bench mark in order to record and monitor existing water level elevations.
17.4 Agricultural Uses
The following conditions are generally applied to individual permits for agricultural-type uses:
(a) The allocations stated above may be exceeded when the permittee must use water for freeze protection. Freeze protection is defined as the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures. This action would be taken in response to forecasts of freezing temperatures by weather forecasting services. The permittee must maintain records of when water withdrawals for freeze protection are taking place, including the date of such withdrawal, duration of each withdrawal, and the rate at which withdrawals are taking place. These records must be submitted along with any required withdrawal records.
(b) Irrigation of agricultural crops shall be in conformity with the requirements set forth in subsection 40C-2.042(1), F.A.C. (Revised 3-8-09)
(c) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.
17.5 Nursery Use
The following conditions are generally applied to individual permits for nursery-type uses:
(a) Irrigation of nursery plants shall be in conformity with the requirements set forth in subsection 40C-2.042(1), F.A.C. (Revised 3-8-09)
(b) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.
17.6 Aquaculture Use
The following limiting conditions are generally applied to aquaculture-type uses:
(a) The permittee must install an aerator(s) to add oxygen to the facilities when necessary.
(b) Facilities using reclaimed water may do so anytime provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions.
(c) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.
17.7 Golf Course/Recreation Use
The following conditions are generally applied to individual permits for golf course-type uses and recreational area-type uses:
(a) Irrigation of golf courses and recreational areas shall be in conformity with the requirements set forth in subsection 40C-2.042(1), F.A.C. (Revised 3-8-09)
(b) The water conservation plan submitted to the District on (date), must be implemented in accordance with the implementation schedule contained therein.
16.0 18.0 Special Conditions
In addition to the General Conditions (section 15.0 16.0) and the General Conditions by Type of Use (section 17.0) listed above, the District may find that special conditions should be applied on a site-specific basis. The following are special conditions which the District may apply:
Renumber 18.0.1 to 16.0.1
(a) through (f) No change.
(g) Maximum daily pumpage must not exceed million gallons unless otherwise specified by District staff as a consequence of drought conditions. If the need to exceed the above withdrawal arises, the permittee must notify District staff of the reason for the need.
(h) The permittee must measure and record the maximum withdrawal rate in gallons per minute of well number(s) in May and October of each year. These records must be submitted to the District on Form EN-2 by July 31st of each year.
(i) Permittee must record water levels in the pit, rates, and volumes of water pumped on a daily basis. These records shall be tabulated on a monthly basis, and submitted to the District on Form EN-6 and EN-3 (on a monthly basis) by March 31st of each year.
(j) Permittee shall not lower the surface water level, water table level or potentiometric level below NGVD.
(k) A water sample must be taken from well number(s) in May and October of the following years: The sample(s) must be collected immediately following an irrigation cycle, whenever possible. If this is not possible, the well must be allowed to discharge at design capacity for at least 20 minutes before the sample is collected. The samples must be analyzed for chlorides (C-), sodium (Na), potassium (K), calcium (Ca), magnesium (Mg), sulfate (SO4), total alkalinity (HCO3 + CO3) and pH. In addition to the analyses, the report submitted to the District must include the date of sampling, well number, the length of time the well discharged before the sample was taken, the name of the person collecting the sample and the name of the company or person doing the actual analysis. These reports must be submitted to the District within 30 days of sampling.
(l) A water sample must be taken from well number(s) in May of the following years. The sample(s) must be collected immediately following an irrigation cycle, whenever possible. If this is not possible, the well must be allowed to discharge at design capacity for at least 20 minutes before the sample is collected. The samples must be analyzed for calcium (Ca), magnesium (Mg), sulfate (S04), total iron (Fe), and specific conductance. In addition to the analyses, the report submitted to the District must include the date of sampling, well number, the length of time the well discharged before the sample was taken, the name of the person collecting the sample, and the name of the company or person doing the actual analyses. These reports must be submitted to the District within 30 days of sampling.
(m) The permittee must maintain records of total monthly withdrawals from each source. These reports must consist of either a monthly log of when withdrawals are taking place from each source and the average rate at which these withdrawals are taking place, or figures for total withdrawals for each month from each source. The monthly logs must be recorded on District form EN-2. The figures for total withdrawals for each month from each source must be recorded on District form EN-2. These records must be tabulated for one year period ending June 30th of each year, and submitted to the District by July 31st of each year.
(n) Prior to initiation of use, the following withdrawal points must be equipped with in-line totalizing flow meters: (District Identification Nos.). Such meters must have and maintain an accuracy to within 95 percent of the actual flow.
(o) The Permittee must maintain the required flow meter(s) or other District approved flow measuring device(s). In case of failure or breakdown of any meter or other device, the District must be notified in writing within 5 days of its discovery. A defective meter or other device must be repaired or replaced within 30 days of its discovery.
(p) Total withdrawal from each monitored source must be recorded continuously, totaled monthly, and reported to the District at least every six months using District Form No. EN-50.
(q) The permittee must have the required flow meter(s) tested once every 3 years within 30 days of the anniversary date of permit issuance, and recalibrated if the difference between the actual flow and the meter reading is greater than 5%. District Form No. EN-51 must be submitted to the District within 10 days of the inspection/calibration.
The next section is section 19.0.
20.0 Other Conditions
In addition to the special conditions listed in subsection 16.0, 18.0.1, and 19.0, the District Governing Board may apply such other reasonable special conditions to meet localized problems as it deems necessary to ensure that the use meets the criteria established in Rule 40C-2.301, F.A.C.
